Serious damage following vaccination

Who is eligible for compensation?

All persons who have been vaccinated in Luxembourg are eligible for compensation.

However, claims will only be accepted if the vaccination was ordered or recommended by the Luxembourg government. The Grand Ducal Regulation of 18 October 2001 sets out the list of recommended vaccinations.

The State will only award compensation if the serious damage caused by the vaccination is not covered by social insurance.

Before submitting their claim to the State, injured parties are therefore required to assert their rights, provided they are justified or seriously admissible, with social insurance (health insurance, pension insurance, long-term care insurance, accident insurance, unemployment insurance, social inclusion income).

If the vaccinated person is a minor, the claim must be submitted by their legal representative.

In the event of the death of the vaccinated person, the claim must be submitted by their beneficiaries.

The claim for compensation must be submitted no later than 30 years after the vaccination.

What constitutes serious damage following vaccination?

Serious damage does not refer to the usual side effects after vaccination (e.g. redness, swelling or hardening at the injection site, headache, muscle pain, fever, temporary inability to work), but to death or longer-term (i.e. irreversible) damage resulting in permanent physical disability for the vaccinated person.

Who pays financial compensation in the event of serious damage resulting from vaccination?

The State, through the Ministry of State, pays financial compensation only for damage that is not covered by social insurance.

How to claim compensation from the State?

If it is found that a person has suffered serious damage as a result of vaccination, they can claim compensation as follows:

1. The person must submit a claim for compensation to the Department of Health. This claim must be made using the following form
   > the claim form for compensation for damage resulting from vaccination (Pdf, 1015 Kb)
   > the appendix to the form ‘Medical certificate of damage resulting from vaccination’. (Pdf, 725 Kb)
   
   
2. The Department of Health will review the claim. It will check whether the claim is admissible and, if so, will assess the causal link between the vaccination and the damage suffered, seeking expert advice if necessary.
   
   
3. If the conditions are met and the link between the damage and the vaccination has been established, the State will assess the serious damage caused by the vaccination, seeking expert advice if necessary.
   
   
4. If the claim does not meet the conditions, if the link between the damage and the vaccination could not be established, or if the costs incurred have been covered in another way, the State rejects the claim. If the claimant disagrees with the decision, they may lodge an appeal.
   
   
5. If a vaccinated person has submitted a claim based on the Law of 4 July 2000 on State liability for vaccinations, they retain the option of taking action under ordinary law (e.g. medical liability, liability for defective products).